Terms and Conditions

Overview
§ 1 Scope and Provider
§ 2 Conclusion of Contract
§ 3 Prices
§ 4 Payment Terms; Default
§ 5 Offsetting; Right of Retention
§ 6 Delivery; Retention of Title
§ 7 Right of Withdrawal
§ 8 Transport Damages
§ 9 Warranty
§ 10 Liability
§ 11 Alternative Dispute Resolution
§ 12 Final Provisions

§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders you place through the online shop of the following company.

Company:
FlipSoc by Gunnar Sieg
Gestütring 13
85435 Erding Germany

(2) The products offered in our online shop are exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of a customer’s general terms and conditions that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can view and print the currently valid General Terms and Conditions on our website “http://localhost/flipsoc_master“. The contract text is not stored.

§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the “Buy Now” button, you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can review and, if necessary, correct the order.
(3) After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation).
This order confirmation does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by this order confirmation.
(4) A purchase contract for the goods is only concluded when we explicitly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you without prior explicit declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. Your offer can only be accepted by us up to the point in time at which you
can reasonably expect to receive a response under regular circumstances (§ 147 para. 2
BGB). Exception: for payments made by advance payment and PayPal, the order is accepted immediately upon your order.

§ 3 Prices
The prices stated on the product pages include the statutory value-added tax and other price components, plus the respective shipping costs. Further information on shipping costs can be found on our website at http://localhost/flipsoc_master/versandarten/

§ 4 Payment Terms; Default
(1) Payment can be made optionally via:
Advance payment,
Credit card,
PayPal, or
Klarna.
(2) The selection of available payment methods is at our discretion. We reserve the right
in particular, to offer you only selected payment methods for payment, for example, only advance payment to secure our credit risk.
(3) If you choose advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information can be found during the order process. The payment transaction is automatically carried out by PayPal immediately thereafter.
(5) When paying with Klarna, you will be redirected to the website of the online provider Klarna during the order process. To pay the invoice amount via Klarna, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request Klarna to initiate the payment transaction. Further information can be found during the order process. The payment transaction is automatically carried out by Klarna immediately thereafter.

§ 5 Offsetting; Right of Retention
(1) You are only entitled to a right of offsetting if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship with our claim.
(2) You can only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until full payment of the purchase price.
(3) Exceptionally, we are not obliged to deliver the ordered goods if we have properly ordered the goods ourselves but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the unavailability of the goods and that we have informed you of this circumstance without delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our stock and goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
– We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer of ownership by way of security of the reserved goods is not permitted before the transfer of ownership.
– You are permitted to resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the invoice amount. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claims ourselves.
– In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities due to us upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Right of Withdrawal
In the event that you are a consumer within the meaning of § 13 BGB, i.e., you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us:
FlipSoc by Gunnar Sieg
Gestütring 13
85435 Erding
welcome@flipsoc.de
+49-8122-9598208

by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way that is not necessary for checking the quality, characteristics, and functioning of the goods.

Sample Withdrawal Form If you wish to withdraw from the contract, please fill out this form and send it back. To Company: Address: Email: I/We (*) hereby withdraw from the contract (*) concluded by me/us (*) for the purchase of the following goods (*): Ordered on (*)/received on (*) Name(s) of consumer(s): Address(es) of consumer(s): Signature(s) of consumer(s) (only for communication on paper) Date (*) Delete as appropriate.

End of Right of Withdrawal Information
(1) The right of withdrawal does not apply to the delivery
– of goods that are not prefabricated and for the production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g., T-shirts with your photo and your name),
– of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,
– of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
– of newspapers, periodicals, or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. Please return the goods to us, if possible, in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging to avoid claims for damages due to damage resulting from inadequate packaging.
(3) Before returning, please call us at +49-8122-9598208 to announce the return. This way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Transport Damages
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 et seq. BGB).
(2) We are only liable for claims arising from damages due to injury to life, body, or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or their vicarious agents.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
– For the quality of the goods, only our own specifications and the manufacturer’s product description are binding, but not public promotions and statements and other advertising by the manufacturer.
– You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later, from the time of discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded.
– In the event of defects, we provide warranty at our discretion by repair or replacement delivery (subsequent performance). In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
– If subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
– The warranty period is one year from the delivery of the goods.

§ 10 Liability
(1) Unlimited Liability: We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.
(2) Otherwise, the following limited liability applies: In the case of slight negligence, we are only liable for the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damages at the time of contract conclusion, which must typically be expected to occur. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We strive to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a conciliation procedure and do not offer it.

§ 12 Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.
(2) Contracts between us and you are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (especially with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

As of: November 19, 2024

Copyright: HÄRTING Lawyers, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4